Joanie Calloway, convicted for her role in the shooting deaths of Hattiesburg police officers Benjamin J. Deen and Liquori Tate, sought to get a new trial, but her request was denied.
Lici Beveridge/Hattiesburg American

The appeal of Joanie Calloway, the only defendant to stand trial in the slayings of two Hattiesburg police officers, has been submitted to the Mississippi Court of Appeals without oral arguments.

The case was submitted Sept. 4. A date has not been set for the judges' ruling.

Determining the outcome of an appeal without oral arguments isn't all that unusual, said Matthew Steffey, a professor of law at the Mississippi College School of Law in Jackson.

"Many, many, many cases are decided without oral arguments, especially in the Court of Appeals, where they have a high volume of cases," he said.

Some of the reasons could be the parties didn't ask for oral arguments or judges believe they understand enough about the issues based on the briefs submitted by both parties.

"Oral arguments give the judges a chance to ask questions that aren't clear in the factual record," Steffey said. "Or the lawyers may want to explain something that is not fully developed or resolved."

Calloway's attorney, Benjamin Suber, contends there are three issues with upholding his client's conviction and sentence.

He said in his brief that the evidence presented at trial was insufficient to convict Calloway. He also said Calloway's 25-year sentence for shouting "Marvin, Marvin, get in, Marvin," constitutes cruel and unusual punishment.

The third reason Suber said the court should overturn Calloway's conviction is an accumulation of errors that deprived her of a fair and impartial trial.

"There are not many cases where the decision to overturn is so blatantly clear, based on the facts alone," Suber wrote. "In this case, the law supports an overturning of the verdicts as well. Joanie Calloway actually assisted law enforcement by identifying the shooter, when no help at all was required from her. … Justice demands that this case be reversed and remanded."

The state, represent by Attorney General Jim Hood's office, denies the issues laid out in the appeal.

"The evidence is sufficient to support Calloway’s convictions for attempted accessory after the fact of capital murder and hindrance of the prosecution," Hood's office wrote. "The thorough video recording from the police dash camera was clearly convincing proof of Calloway’s intent to help Banks, while the testimony presented at trial showed her attempts to hinder the prosecution. Calloway’s sentences are not grossly disproportionate because they fall within the statutorily permitted maximums."

Calloway, the only person to stand trial in the deaths of two Hattiesburg police officers, filed a notice of appeal in June 2017 with the Court of Appeals.

She was convicted in May 2017 of attempted accessory after the fact of capital murder and hindering prosecution in the first degree and sentenced to 25 years in prison. If her appeal is denied, her expected release date is August 2040.

Calloway, 25, of Hattiesburg was the driver of the vehicle that was pulled over by officer Benjamin J. Deen on May 9, 2015.

According to dashcam footage shown during her trial, Calloway did not have her driver's license. Because of that and some conversation and movement going on inside the vehicle, Deen called for backup. When officer Liquori Tate arrived, Deen asked Calloway to get out of the car. She complied.

Tate in the meantime was trying to get alleged shooter Marvin Banks to step out of the car. Banks emerged with his hands up but quickly dipped back into the vehicle and pulled out a gun, shooting Deen first as he started to assist Tate and firing more shots at Tate as he ran between Deen's patrol car and Calloway's vehicle.

Deen died at the scene. Tate died later that night at Forrest General Hospital.

Calloway was one of nine people charged in connection to the officers' murders. Because she is the only one who went to trial, she is the only one of those indicted who can appeal her conviction. Shesought a new trial twice in 2017, but was denied both times.

Banks died in his jail cell in December 2015.

Seven others pleaded guilty: Banks' brother, Curtis Banks, who tried to hide his brother from police; Cornelius Clark, who was in the vehicle with Calloway and Marvin Banks; Jimmy Brady, who stole the handgun used to shoot the officers and sold it to Marvin Banks; Brodrick Varnado, who hid the murder weapon; and Douglas McPhail and Anquanette Alexander, who conspired to hide evidence of the murders.

Abram Wade "Pete" Franklin pleaded guilty in Lamar County for trying to hide Curtis Banks. Curtis Banks also pleaded guilty to a drug charge. Both are serving their sentences at Mississippi prisons. Franklin is scheduled for release in 2023. Curtis Banks' tentative release date is Jan. 21, 2043.

Clark was sentenced to five years in prison with two to serve. Brady, who was sentenced to five years in prison, is expected to be released in 2021. Varnado, sentenced to 20 years in prison, has an expected release date of January 2037.

McPhail was sentenced to five years with two on house arrest. Alexander was sentenced to five years of probation, and her case will be non-adjudicated, meaning her record will be sealed if she is not charged with any other crime during the probation period.

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Marvin Banks, 29, of Hattiesburg (held without bond) Charges: two counts of capital murder, grand larceny, possession of a weapon by a felon. Died Dec. 11, 2015 of apparent heart attack while in Forrest County Jail. Submitted photo

Cornelius Clark, 28, of Hattiesburg
Pleaded guilty to first-degree hindering prosecution; sentenced to five years in prison with two to serve. He is no longer listed as an inmate with MDOC. Submitted photo